The law surrounding DBS checks is clear: they cannot be performed on people under 16 years of age, with no exceptions. Organizations that have young volunteers may request that they be tested for DBS as soon as the volunteer turns 16. When hiring a new volunteer, anyone joining the company who is 16 or 17 years old will need a DBS verification. It is confusing that this also includes volunteers or workers hired to work with young people of the same age; for example, a 17-year-old soccer coach who works with a team of 16-year-old youth. Similarly, children of adoptive caregivers may be asked to perform a DBS check as soon as they turn 16, even if their adoptive sibling is older than them.
The minimum age at which a person can be asked to request a DBS check is 16 years old. Understanding this new legislation and how it affects those under 18 is necessary knowledge for anyone who needs a younger person to complete a DBS check. There is a lot of confusion surrounding young people under 18 and whether or not they need a DBS test. We have also published a fact sheet that analyzes phase 4 in more detail and explores the role that the police play in the DBS control process.
Both the person receiving a check from DBS (the applicant) and responsible employers and organizations can track the progress of basic controls using the DBS online account tracking service. Because DBS cannot access criminal records held abroad, a criminal background check may not provide a complete picture of a person's criminal record. A DBS certificate contains the DBS logo on the front and a series of security elements that can be used to verify if it has been forged or tampered with. Access to standard, improved and enhanced DBS checks with prohibited lists is only available to employers who are entitled by law to ask a person to disclose their full criminal history, including accumulated convictions (excluding protected warnings and convictions that will be leaked from a criminal background check). Despite this, those over 16 can still work part-time or volunteer in a position that involves working with others under 18 or vulnerable people, which may require them to request a check from DBS. DBS controls help employers make safer hiring and licensing decisions; however, these controls are only part of hiring practice.
The DBS application form states that by placing a cross in the “Yes” box (in section 6), you confirm that the position meets the DBS definition for a free volunteer application. For this reason, most organizations have a policy of not allowing people under 16 to volunteer without direct supervision in these functions. Basic DBS checks can be used for any position or purpose, however, certain functions may require a higher level of verification. The form and application process for children between 16 and 18 years old are the same for workers over 18, and the cost of DBS is also the same (unless it's a voluntary position). If basic verification is required, the employer can ask the person to apply directly to DBS (if they work in England or Wales) or to Disclosure Scotland (if they work in Scotland).Currently, employers and volunteer organizations that hire 13, 14, or 15 year olds in a role that would normally involve testing for DBS can no longer perform such a check.
